logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.12.19 2014노1536
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the sentence imposed by the court below on the defendant (one year of suspended sentence in six months of imprisonment) is too unhued.

2. Although there are some circumstances unfavorable to the defendant, such as the fact that the amount of defraudation by the crime of this case is not more than 30 million won, the defendant did not receive a letter from the victim or reach an agreement smoothly even until now, the defendant divided and reflects his mistake, the defendant paid 10 million won to the victim in the court below, the defendant did not have the same criminal record and has no record of punishment twice before and after the fine, and the defendant has no record of punishment, and there are no favorable circumstances such as the fact that the state of health is not good due to brain color, etc., the defendant must support the state of health due to traffic accident, and the financial situation such as the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, intelligence and environment, and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court, the prosecutor's assertion that the defendant's punishment against the defendant is too unreasonable is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow